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Judgment
Subodh Abhyankar, J
This order shall also govern the disposal of Miscellaneous Criminal Case No. No.11789/2021, as both the cases have arisen out of the same Crime
No.87/2020.
These are first bail applications under Section 439 of Criminal Procedure Code, 1973. The applicants implicated in connection with Crime No.87/2020
registered at Police Station Bhavgarh, District Mandsaur (MP) for offence punishable under Section 8 read with Section 15 of the Narcotic Drugs &
Psychotropic Substances Act, 1985 (herein after referred to as the Act).
The applicants are in custody since 05.07.2020.
The allegation against the applicants is that from their joint possession a quantity of 100 kilograms of poppy straw has been seized on 05.07.2020.
Counsel for the applicants have submitted that the applicants are in jail since 05.07.2020 itself and till date although the charges have already been
framed against them, but there is no progress in the trial on account of COVID-19.
It is further submitted that as many as twenty one witnesses have been cited by the prosecution.
Counsel has submitted that although the quantity involved in the case is more than the commercial quantity (which is 50 kilograms), there are no
criminal antecedents of the applicants and the final conclusion of the trial is likely to take sufficiently long time as the Courts are also not functioning
on account of COVID-19. Thus, it is submitted that the applicants be released on bail.
On the other hand, learned counsel for the respondent / State has opposed the prayer; and it is submitted that from the joint possession of the
applicants the contraband, which is more than 50 kilograms, has been seized and as such, no case for grant of bail is made out.
On due consideration of the rival submissions and perusal of the case diary, this Court is of the considered opinion that although considering the fact
that from the joint possession of the applicants, a quantity of 100 kilograms of poppy straw has been seized, hence, no case for grant of regular bail is
made out.
However, considering the fact that since last around one year the applicants are in jail and the Courts are also not working on account of COVID-19,
there are no criminal antecedents of the applicants and the final conclusion of the trial is likely to take sufficiently long time, it would be expedient to
allow the present bail application for a limited period of six months only.
Thus, without adverting to the merits of the case, Miscellaneous Criminal Case No.25003/2021 and Miscellaneous Criminal Case No.11789/2021 are
partly allowed. The applicants are directed to be released on bail for a period of six months only upon each of them furnishing a bond in the sum of
Rs.1,00,000/-(rupees one lakh only) with one surety in the like amount to the satisfaction of the trial Court, to appear before the trial Court on the
dates, if any, given by the Court. This temporary bail order shall be subject to the condition that each of the applicant shall submit an undertaking that
he / she shall surrender himself / herself on or before the expiry of six months from the date of his / her release, failing which he / she shall be
arrested by the police and put to face the trial, in accordance with the law. It is made clear that the applicants shall surrender before the trial Court on
or before the expiry of the six months from the date of his / her release.
It is also observed that after his / her release on bail, if the applicant (s) is found in any criminal activities, the present bail order shall stand
automatically cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.
It is also directed that the applicant (s) will abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.
Certified copy as per rules.